labour issue

[murdock]

i employed a person in 2005 and after about a year and a half he gave notice and left...the same day.

i received an sms from him a bout a year ago with all sort of labour threats like taking me to the bargaining council...ccma etc...i told him to get it in motion and that i would attend any meeting required...never heard from him again for another year..today i ran into him and he made a whole lot of threats again...telling me that i was a crook and had stolen form him and not registered him with uif etc etc ...etc etc in front of crowd.

when he came to work for me he told me he was a qualified electrician...i said great bring your papers and lets see how you work...i told him once he produced certified copies of his qualifications i would give him a letter of appointment...(contract)...he couldnt provide me with the papers but instead came with a matiric certificate and some ntc 3 qualification....i got suspicious when all the dates and the borders where the same....

i requested the originals but he never provided me with them...i then spoke to eca about him because i needed to find out at what level to pay him and register him...as he could not provide papers for any grade other than...matric and ntc 3...which he insists is equal to a qualified electrician...i decided to pay him as an elconop 2...until we sorted out these issues...work got busy...time went by and after 1 and half years...work got quiet and i had numerous issues with him damaging private property...ducking off work during working hours and lying to me that he was in the toilet...complaints from custoemers about his behaviour....to cut a long story short i put him on short time for a week at a time...then one day he came in and gave me a month notice...i told him that i had no letter of appointment and that he could leave immediately...which he did.

i would like to do the right thing...anyone have any advise as to how i can sort out this issue...that both him and i can walk away without feeling like the other person has been done in..

what would be the correct and fair way to finalise this dispute.

[AndyD]

...he couldnt provide me with the papers but instead came with a matiric certificate and some ntc 3 qualification....i got suspicious when all the dates and the borders where the same....
i requested the originals but he never provided me with them...

So he walked in 2007 and he's thinking of lodging a dispute with the CCMA after 4 years. He's just taking a chance. Tell him you'll persue his fake qualifications if he gives you a hard time.

[tec0]

Find out if his qualifications are real or not and act accordingly. If the qualifications are fake, press chargers for fraud and let your lawyer send him a letter. Set up a meeting and explain to him that his intimidation must stop. Ask him to write a letter of apology and you will not take action. If he doesn't take action if he does you have everything you need.

Basically that letter of apology is admitting guilt and I am sure your legal advisor will know what to do with it "if" it comes to that. Remember you paid him for a year and a half and he is not qualified, you are also entitled to claim damages and the like.

[Wander]

Yeah, talk to your legal adviser. The guy may be trying to, for lack of a better word, hustle you into settling outside of court (or the right channels).
So your best option is to show him that you are willing to take this matter seriously, through the proper legal channels, and with help from a legal adviser/ lawyer. If he has anything to back up his claims (which, I am sure he doesn't) then he will back away.
If he really intends on taking you to court, then at least you will have made the necessary preparations and will have gone through the right channels to protect yourself and your company. Go to a legal adviser, its the best thing to do right now.

[Dave A]

today i ran into him and he made a whole lot of threats again...telling me that i was a crook and had stolen form him and not registered him with uif etc etc ...etc etc in front of crowd.

i would like to do the right thing...anyone have any advise as to how i can sort out this issue...that both him and i can walk away without feeling like the other person has been done in..

You're really between a rock and a hard place - normally there are no winners in these situations, just losers.

It's highly unlikely he's going to pursue the matter formally after all this time if he hasn't done so already.
It's also highly unlikely there's anything you can do that will satisfy him if he feels this way after all this time - other than drop dead or screw up your life so badly you're begging at the traffic lights.
Any concession you give now is likely to be advertised in much the same manner as he behaved on this last occassion.

You're faced with either ignoring it with as much dignity as you can muster (and hope he's enough of an asshole to lack credibility anyway), or
Get a lawyer to send a letter cautioning against defamation, and suing his ass if he does it again.

Neither option is particularly attractive, but unfortunately it's an ugly situation with no upside.

[murdock]

i have a feeling that the certificates he gave me are worked (copied and modified his matric certificate and ntc 3 were issued on the same day with the same border)...how do i check and verfiy they are authentic...

when he started his rant i...i told him i have no problem sorting out these issues...but i couldnt even start the process until he produces all the original documents...and thats when i realised i am on the right track...i also reminded him about the meeting we had at the eca with regards to all thes eissues which were never resolved...and hence my decision to get rid of him...i know i was wrong allowing it to drag out so long...i also did a reference check on him and found out he is a problem child...he cannot hold a job...and notice he spends a lot of time on the side of the road looking for work....i believe word has got around and people are reluctant to employ him even though he has since managed some how to become an electrician or should i say he now has documents indicating he is an electrician...

something else i have realise is that is is using my company address and my cellphone number as his when applying for credit...what blows my mind is how the furniture shops and other credit facilities never contacted me to verfy the number and address...now they phoning me because he is in so much debt and hasnt paid the bills...and i get letters of demand in my post box.

[Justloadit]

something else i have realise is that is is using my company address and my cellphone number as his when applying for credit...what blows my mind is how the furniture shops and other credit facilities never contacted me to verfy the number and address...now they phoning me because he is in so much debt and hasnt paid the bills...and i get letters of demand in my post box.

I simply contact the creditors concerned and tell them politely that this person has fraudulently used my details, and that it is their fault for not checking, and please not to contact you again.

[tec0]

something else i have realise is that is is using my company address and my cellphone number as his when applying for credit...what blows my mind is how the furniture shops and other credit facilities never contacted me to verfy the number and address...now they phoning me because he is in so much debt and hasnt paid the bills...and i get letters of demand in my post box.

Right clearly this person is trying to intimidate you, but keep those letters you got because this is proof. Regardless of what you did wrong if he is using your credentials then something is up. I would contact the people that send you these letters and force them to take action. After all you have most of his real details, if not qualifications then I hope you still have a copy of his ID AND you may also have a working contact number.

If I were you I will use this to my advantage, give these people a call tell them that you suspect fraud and find out if they are willing to aid you. Some of them will others will not. Then work towards a solution.

Or you can give this person a call and ask him what is going on? And that you are going to the police for fraud because it is what it is. I am sure he will never bother you again. But it sound s like he is a swindler so just tell the police what is happening and let them deal with it.

[HR Solutions]

Best of luck to you.

You are about 4 year too late from the last posting .........

[claassenattorney]

Hello, Murdock, the first and foremost thing you can do is to hire a professional lawyer who can send him a letter regarding the compensation of damaging the property of the customers. You can file a case of fraud against him if you find his papers and certificates are not clear and correct. You have paid him for a year without his right certificates. You should mention in the legal letter to make an apology for providing the fake certificates to work at your company.

[Dave A]

You should mention in the legal letter to make an apology for providing the fake certificates to work at your company.

Over seven years later?

This is the sort of reputation-harming SEO junk posting one gets when you hire someone who doesn't understand the actual matter at hand...

[claassenattorney]

In forums, we searched various topics on labour matters and provided probable legal solutions on them. However, we did not notice that this post was done seven years back. We apologize for this.